STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING - PLANNING AND LAND USE MATTERS
WEDNESDAY, SEPTEMBER 21, 2005, 9:00 AM
Board of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California
MORNING SESSION: - Meeting was called to order at 9:06 a.m.
Present: Supervisors Pam Slater-Price, Chairwoman; Bill Horn, Vice-Chairman; Greg Cox; Dianne Jacob; also Thomas J. Pastuszka, Clerk.
Absent: Supervisor Ron Roberts
Approval of Statement of Board of Supervisor’s Proceedings/Minutes for Meetings of July 27, 2005 and August 3, 2005
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of July 27, 2005 and August 3, 2005.
AYES: Cox, Jacob, Slater-Price
ABSENT: Roberts, Horn
Board of Supervisors’ Agenda Items
1. / NOTICED PUBLIC HEARING:CHATEAU BELLE VUE OPEN SPACE EASEMENT VACATION; VAC 03-012; BONSALL COMMUNITY PLANNING AREA
2. / CONTINUED NOTICED PUBLIC HEARING:
PEPPERTREE PARK; TENTATIVE MAP TIME EXTENSION; TM 4713RPL6TE; FALLBROOK COMMUNITY PLAN
(CARRYOVER FROM 8/2/05, AGENDA NO. 39)
3. / NOTICED PUBLIC HEARING:
WILDCAT CANYON ROAD ENHANCEMENT PROJECT - PURCHASE OF WETLAND MITIGATION CREDITS AND ACQUISITION OF A PORTION OF ASSESSOR’S PARCEL NO. 381-050-56 (MTDB)
[FUNDING SOURCE(S): CONTRIBUTIONS FROM THE BARONA BAND OF MISSION INDIANS]
4. / CONTINUED NOTICED PUBLIC HEARING:
TO CONSIDER WATER RATE ADJUSTMENTS IN THE CAMPO SERVICE AREA
(CARRYOVER FROM 8/2/05, AGENDA NO. 62)
5. / CONTINUED NOTICED PUBLIC HEARING:
TO VACATE OSAGE DRIVE BETWEEN CANTON DRIVE AND CAMERON DRIVE (VAC 04-004), SPRING VALLEY COMMUNITY PLANNING GROUP
(CARRYOVER FROM 7/1305, AGENDA NO. 2)
6. / NOTICED PUBLIC HEARING:
WIRELESS TELECOMMUNICATIONS FACILITIES
(4 VOTES)
7. / COOPERATIVE AGREEMENT WITH SAN PASQUAL CASINO DEVELOPMENT GROUP, INC. FOR MAINTENANCE OF LANDSCAPED MEDIANS ALONG VALLEY CENTER ROAD
[FUNDING SOURCE(S): TRANSNET FUNDS ($1,500,000)]
(4 VOTES)
8. / CONTRACT CAPACITY FOR COMPLETED EMERGENCY REPAIRS TO STORMWATER DAMAGED DRAINAGE CONVEYANCE SYSTEMS
[FUNDING SOURCE(S): FISCAL YEAR 2003-04 FUND BALANCE AVAILABLE, AND FLOOD CONTROL DISTRICT FUND BALANCE AVAILABLE]
(4 VOTES)
(Relates to San Diego County Flood Control District Agenda Item No. 1)
9. / CONSULTANT AGREEMENT TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR COUNTY OF SAN DIEGO AIRPORTS ON AN AS-NEEDED BASIS
10. / APPROVE AND AUTHORIZE REQUEST FOR USE OF 0.88 ACRES OF THE COUNTY’S 5% COASTAL SAGE SCRUB LOSS ALLOTMENT BY THE CITY OF ENCINITAS FOR THE BERRYMAN PROJECT
[FUNDING SOURCE(S): THE CITY OF ENCINITAS]
(4 VOTES)
11. / SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE PARK JOINT POWERS AUTHORITY - APPROVAL OF PROPERTIES FOR FUNDING APPLICATION OR ACQUISITION
12. / AUTHORIZATION TO ACCEPT STATE OFFICE OF TRAFFIC SAFETY GRANT FUNDING FOR COUNTDOWN PEDESTRIAN SIGNALS AND AUTOMATED COLLISION ANALYSIS AND TRACKING SYSTEM
[FUNDING SOURCE(S): A GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY]
(4 VOTES)
13. / TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
14. / CLOSED SESSION
(CARRYOVER FROM 9/21/05, AGENDA ITEM NO. 32)
15. / PUBLIC COMMUNICATION
9/21/05 19
1. / SUBJECT: / NOTICED PUBLIC HEARING:CHATEAU BELLE VUE OPEN SPACE EASEMENT VACATION; VAC 03-012; BONSALL COMMUNITY PLANNING AREA (DISTRICT: 5)
OVERVIEW:
On August 2, 2005 (46), the Board of Supervisors set a public hearing for September 21, 2005 at 9:00 a.m.This is a request to vacate a 0.41-acre portion of Parcels 18 and 19 of Map 5065RPL3. The easement was placed on these lots for visual resource protection. The purpose of the Vacation is to allow grading to take place farther into the knoll in order to locate residential structures on more stable soils.
Board Policy I-103 states that a Vacation of open space may be granted if the specified findings can be made. These findings require the Vacation to be in conformance with the General Plan, that the easement is unnecessary for present or prospective public use as a public service easement, and that the Vacation complies with the California Environmental Quality Act and the State and County California Environmental Quality Act Guidelines. Policy I-103 also requires that vacated easements placed on property for environmental mitigation be replaced with the dedication of an equal amount of open space where possible.
The applicant proposes to dedicate two new areas of steep slopes as open space easements for a total of 0.51 acres. One area to be dedicated is along Old River Road (0.49 acres). The other area is within Lot 19 (0.02 acres). In addition, to mitigate for the potential visibility of the residences due to the additional grading, the applicant proposes to relocate the house pads by lowering the elevation of the house pads from 319.5 feet to 315 feet. Also, additional landscaping is proposed to mitigate the grading of the knoll and minimize the views of the residences.
The Vacation of open space easements is a two-step process. The first step is to set a date for the public hearing and direct the Clerk of the Board to provide notice and posting as required by law. The second step is to adopt a resolution to vacate portions of open space easements at the close of the public hearing.
FISCAL IMPACT:
N/ARECOMMENDATION:
DEPARTMENT OF PLANNING AND LAND USE:- Accept the Dedication of Open Space Easement, and Adopt the Resolution entitled:
- Direct the Clerk of the Board of Supervisors to record the Resolution of Vacation, which includes the findings and determinations required by law.
ACTION:
ON MOTION of Supervisor Cox, seconded Supervisor Jacob, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 05-180 entitled: RESOLUTION OF VACATION OF STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
2. / SUBJECT: / CONTINUED NOTICED PUBLIC HEARING:
PEPPERTREE PARK; TENTATIVE MAP TIME EXTENSION; TM 4713RPL6TE; FALLBROOK COMMUNITY PLAN (DISTRICT: 5)
(CARRYOVER FROM 8/2/05, AGENDA NO. 39)
OVERVIEW:
On August 2, 2005 (39), the Board of Supervisors continued this item to allow the applicant time to increase the security for public road improvements and to address outstanding issues related to environmental processing. At the time of docketing this letter, the applicant has provided additional environmental information that is being reviewed by staff and an update on the results of the review will be provided at this board hearing. However, the issue of the additional security request has not been resolved. The applicants and staff continue to work together on this issue and look to return with a recommendation on November 9, 2005.On December 15, 2004 (2), the Board of Supervisors granted a continuance of the hearing on TM4713RPL6TE to the June 15, 2005 hearing. The reason for the continuance was to allow the applicant additional time to update environmental studies to address changes in circumstances since the previous project approval. On June 15, 2005 (3), the Board of Supervisors granted an additional continuance to August 2, 2005. Since June 15, 2005, the fifth iteration of the Biological Assessment report was submitted (June 22, 2005) and is currently in the process of review by staff. However, it is clear in this latest iteration that consultation between the Corps of Engineers and U.S. Fish and Wildlife Service concerning the presence of Least Bell’s vireo, is not complete. Because of this, environmental processing remains incomplete and final environmental documents cannot be completed. In addition, it has come to staff’s attention that the applicant’s existing security for future public road improvements required by the project is only about 20 percent of what would be required should the County need to make these improvements. The applicant’s current security amounts to approximately $430,000 while required road improvements would cost approximately $2,500,000. Thus, the applicant needs to increase the security to this figure.
FISCAL IMPACT:
N/ARECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
Continue the hearing to November 9, 2005 to allow the applicant time to increase the security for public road improvements and to address outstanding issues related to environmental processing.
ACTION:
ON MOTION of Supervisor Cox, seconded Supervisor Jacob, the Board took action as recommended, on Consent, continuing the Hearing to November 9, 2005, at 9:00 a.m.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
3. / SUBJECT: / NOTICED PUBLIC HEARING:
WILDCAT CANYON ROAD ENHANCEMENT PROJECT - PURCHASE OF WETLAND MITIGATION CREDITS AND ACQUISITION OF A PORTION OF ASSESSOR’S PARCEL NO. 381-050-56 (MTDB) (DISTRICT: 2)
OVERVIEW:
On July 13, 2005 (7) the Board of Supervisors took action as recommended, on Consent, setting hearing for September 21, 2005 at 9:00 a.m.The Wildcat Canyon Road Enhancement Project is a part of the Department of Public Works 2005-06 Detailed Work Program for road improvement projects. The project will widen Wildcat Canyon Road and create a northbound passing lane from 1,800 feet north of Muth Valley Road to a point 900 feet north of Blue Sky Ranch Road, a distance of approximately one mile. The project will enhance safety and improve traffic flow on this major connection between Lakeside and Ramona. The County Board of Supervisors certified the Final Environmental Impact Report/Environmental Assessment for the Wildcat Canyon Road Enhancement Project on October 8, 2003 (2). The Final Environmental Impact Report/Environmental Assessment identified significant impacts to biological habitat and jurisdictional wetland areas.
In order to satisfy conditions of project permits from the Regional Water Quality Control Board, the U.S. Army Corps of Engineers, and the California Department of Fish and Game, the County must mitigate impacts of the road construction on existing wetland habitat and jurisdictional resources by creating or enhancing wetlands in or near the project area. Mitigation for impacts must be secured prior to commencement of project construction. The County will satisfy these mitigation requirements with the purchase of 1.84 acres of mitigation credits from the Rancho Jamul Mitigation Bank, the fee purchase of 1.44-acres of restored wetlands habitat in Santee from the Metropolitan Transit Development Board and the purchase of a conservation easement over 0.38 acres of land within the project area. This wetlands mitigation plan has been approved by the permitting agencies.
The Board is requested to establish appropriations in the amount of $606,910 for the Wildcat Canyon Road Enhancement Project, approve the purchase of 1.84 acres of mitigation credits from the Rancho Jamul Mitigation Bank for $276,000, and set a hearing for September 21, 2005 to consider the fee acquisition of a 1.44-acre portion of Assessor’s Parcel Number 381-050-56 from the Metropolitan Transit Development Board for $330,910. Funding is provided by the Barona Band of Mission Indians by way of agreements made with the County and approved by your Board on November 13, 2002 (15), and on June 22, 2005 (1).
FISCAL IMPACT:
Funds for this action are not currently budgeted. This request adds $606,910 to the Department of Public Works FY 2005-06 Detailed Work Program for acquisition of the mitigation credits and land. The funding source is contributions from the Barona Band of Mission Indians. If approved, this request will result in $606,910 current year cost, no annual cost and no new staff years. There will be no cost to the General Fund resulting from this action.RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Approve the Purchase and Sale Agreement and Joint Escrow Instructions for the purchase of a 1.44-acre portion of Assessor Parcel Number 381-050-56 from the Metropolitan Transit Development Board and direct the Clerk of the Board of Supervisors to execute two originals of the contract upon receipt.
2. Authorize the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase.
ACTION:
ON MOTION of Supervisor Cox, seconded Supervisor Jacob, the Board closed the Hearing and took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
4. / SUBJECT: / CONTINUED NOTICED PUBLIC HEARING:
HEARING TO CONSIDER WATER RATE ADJUSTMENTS IN THE CAMPO SERVICE AREA (DISTRICT: 2)
(CARRYOVER FROM 8/2/05, AGENDA NO. 62)
OVERVIEW:
On July 27, 2005 (1), the Board held a public hearing to consider water and sewer rate adjustments in the Campo Service Area. At that meeting, the Board continued consideration and adoption of an Ordinance amending sewer fees to August 2, 2005. The Board also directed the Chief Administrative Officer to revise the proposed Ordinance related to water service rates to reflect a declining schedule of County subsidies over a five year period in a manner similar to the adjusted sewer rate schedule, and to report to the Board what would happen to County costs if 50% or 100% of the non-County customers left the systems.At the August 2, 2005 (62) Board meeting, the Board further directed that new connections to the Campo Water and Sewer Systems be conditioned to waive applicable noticing requirements and pay the full cost recovery rate. This condition is included in today’s proposed Ordinance related to water service rates and in the sewer Ordinance adopted by the Board on August 2.
This item provides a new rate schedule for Water Services, and provides an estimate of what would happen to County costs if 50% or 100% of non-county customers left the system. A full-cost recovery financing plan has been developed that would increase water bills to customers served by the Campo Community Water System over a five year period starting January 1, 2006. The General Fund subsidy would steadily decline, and end once the Campo Community non-County customers are paying the full cost recovery rate.
Over the next five years, the recommended rate adjustments will increase the average Campo Community residential customers’ water bill from $26 to $150 per month, based on consumption. Corresponding adjustments will be made for multi-family and commercial customers. The same rate structure will be applied to County facilities. When fully implemented, these water charges will be comparable to the charges paid by Campo Hills residents.
This is a request for Board’s adoption of an Ordinance related to fees and charges for water service for the Campo Community Water System customers. Upon Board approval, first phase rate changes for water services will take effect January 1, 2006.
FISCAL IMPACT:
The funds for the water services are budgeted in the Department of Public Works General Fund Fiscal Year 2005-06 Budget and in the Campo Water and Service Area Fund Budget. Total budget for water service is $227,700. The recommended fee adjustment would increase Fiscal Year 2005-06 Campo Community water service revenue by approximately $27,700. If approved, this action will result in reduced General Fund costs by corresponding amounts, with future reduced General Fund costs in subsequent years.BUSINESS IMPACT STATEMENT:
This action will have no impact on business activity; however, should the Board decide to increase water charges, local business would experience, on average, an increase in water charges from $48 per month in 2005 to $156 per month in 2006, then further increases to $216 per month over the next four years.RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
- Find, in accordance with Section 15273 of the California Environmental Quality Act (CEQA) Guidelines, this project is exempt from the provisions of CEQA because it involves the establishment of water and sewer rates by a public agency to meet operating expenses.
- Approve introduction of the Ordinance, (first reading), read title and waive further reading of the Ordinance:
- Submit the Ordinance for further Board consideration and adoption (second reading) on September 28, 2005.
ACTION:
ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board took action as recommended, submitting Ordinance for further Board consideration and adoption on September 28, 2005.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
5. / SUBJECT: / CONTINUED NOTICED PUBLIC HEARING:
TO VACATE OSAGE DRIVE BETWEEN CANTON DRIVE AND CAMERON DRIVE (VAC 04-004), SPRING VALLEY COMMUNITY PLANNING GROUP (DISTRICT: 2)
(CARRYOVER FROM 7/1305, AGENDA NO. 2)
OVERVIEW:
This is a request to vacate Osage Drive between Canton Drive and Cameron Drive in the Spring Valley Community (Thomas Guide page 1290, H-1). This street has not been built and, therefore, does not provide access between Canton Drive and Cameron Drive. On May 11, 2005 (9), the Board set a public hearing for July 13, 2005 to consider the proposed road vacation.All properties adjacent to Osage Drive have access to public roadways. Vacating Osage Drive will not land-lock any affected parcels. The area proposed for vacation is no longer needed for current or prospective public use. It is in the public interest to vacate unneeded easement rights that can prevent the beneficial use of real estate and expose the County to potential liability as a property owner.
At the July 13, 2005 (2) public hearing the owner of the adjacent property expressed concern that vacating Osage Drive would result in loss of existing access to her property. In response, the applicant has agreed to dedicate an access easement to the property owner to allow continued use of the driveway.
This is a request to adopt a Resolution to Vacate Osage Drive Between Canton Drive and Cameron Drive (VAC 04-004).
FISCAL IMPACT: